(A) Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
LEGAL GUARDIAN: A person appointed guardian or given custody of a minor by the Circuit Court of this State, but does not include a person appointed guardian or given custody of a minor under the Illinois Juvenile Court Act, 705 Illinois Compiled Statutes 405/1-1 et seq.
MINOR: A person who has attained eleven (11) years of age, but who has not yet reached eighteen (18) years of age.
(B) Offense Of Parental Irresponsibility:
1. Offense: It shall be unlawful for a parent or legal guardian of an unemancipated minor residing with that parent or legal guardian to fail to exercise proper parental responsibility by allowing or permitting the minor to commit any violation of any State Statute or City ordinance concerning vandalism, battery, curfew, truancy, disorderly conduct, obscene conduct, trespass or possession or use of alcoholic liquor, cannabis or controlled substances, or any other offense or wilful or malicious acts to persons or property within the City limits.
2. Presumption: A parent or legal guardian shall be presumed to have allowed or permitted the minor to have committed a violation of a State Statute or City ordinance under all of the following conditions:
(a) The minor has been either adjudicated to be in violation of a State Statute or City ordinance or has been charged with any such violation (except if found to be not guilty); or has incurred nonjudicial sanctions from any peace officer or conservator of the peace resulting from an admission of guilt to any such offenses; and (Ord. 628, 3-19-2007)
(b) The parent or legal guardian has received a written notice by certified mail (return receipt requested) or by personal service in substantially the following form:
LEGAL NOTICE
(Date)
TO: (Parents' Names)
FROM: City of Momence
YOU ARE HEREBY NOTIFIED that (minor's name) has been involved in a violation of state statute or city ordinance concerning vandalism, battery, curfew, truancy, disorderly conduct, obscene conduct, trespass or possession or use of alcoholic liquor, cannabis or controlled substances, or any other offense or willful or malicious acts to persons or property. If said minor is again involved in a violation of one of the above-type state statutes or city ordinances, you may be found guilty of the offense of parental irresponsibility. Conviction for said offense can result in a fine of not less than $100.00 nor more than $500.00.
You are hereby further notified that you must exercise proper parental responsibility over said minor by controlling his unlawful conduct.
(Signature)
(Title or Position)
(Ord. 681, 4-19-2010)
(c) Said minor, within two (2) years of the receipt of said notice by the parent or legal guardian, has either adjudicated to have committed, has been charged with the violation (except if found not to be guilty) of, or has admitted to have committed any violation of any State Statute as described above. (Ord. 628, 3-19-2007)
(C) Penalty: Any person who violates any provision of this section is guilty of a petty offense and shall be fined in accordance with the City of Momence approved fine list found in section 1-4-1 of this Code. (Ord. 677, 4-19-2010)